HomeMy WebLinkAboutOrdinance 3879 ORDINANCE NO. 3879
ZONING CASE ZC24-0114
AN ORDINANCE OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS, AMENDING THE COMPREHENSIVE
PLAN AND THE COMPREHENSIVE ZONING
ORDINANCE BY APPROVING A SPECIAL USE
PERMIT TO ALLOW A SECONDARY LIVING UNIT TO
BE LOCATED AT 7421 HIGHTOWER DRIVE;
PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY
FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of North Richland Hills, Texas is a home-rule municipality located
in Tarrant County, Texas acting under its charter adopted by the electorate
pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of
the Local Government Code; and
WHEREAS, the Zoning Ordinance of the City of North Richland Hills regulates and
restricts the location and use of buildings, structures, and land for trade,
industry, residence, and other purposes, and provides for the establishment
of zoning districts of such number, shape, and area as may be best suited
to carry out these regulations; and
WHEREAS, the City Council has previously passed an ordinance adopting the
Vision2030 Land Use Plan as the primary document on which to base all
zoning, platting, and other land use decisions; and
WHEREAS, the Vision2030 Land Use Plan map provides guidance for future
development in conformance with the adopted Vision2030 Land Use Plan;
and
WHEREAS, the Zoning Ordinance of the City of North Richland Hills requires the
issuance of a special use permit for a secondary living unit for the purpose
of varying from specific development standards; and
WHEREAS, the owner of the property located at 7421 Hightower Drive (the "Property")
has filed an application for a special use permit for a secondary living unit;
and
Ordinance No. 3879
ZC24-0114
Page 1 of 4
WHEREAS, the Planning and Zoning Commission of the City of North Richland Hills,
Texas held a public hearing on December 2, 2024, and the City Council of
the City of North Richland Hills, Texas, held a public hearing on December
9, 2024, with respect to the special use permit described herein; and
WHEREAS, the City has complied with all requirements of Chapter 211 of the Local
Government Code, the Zoning Ordinance of the City of North Richland Hills,
and all other laws dealing with notice, publication, and procedural
requirements for rezoning the Property; and
WHEREAS, upon review of the application, and after such public hearing, the City
Council finds that granting the request herein furthers the purpose of zoning
as set forth in the Zoning Ordinance of the City of North Richland Hills and
that the zoning change should be granted, subject to the conditions imposed
herein;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
NORTH RICHLAND HILLS, TEXAS:
SECTION 1: That the Zoning Ordinance of the City of North Richland Hills is hereby
amended by approving a special use permit to authorize a secondary
living unit on Tract 4B9, John Condra Survey, Abstract 311, commonly
referred to as 7421 Hightower Drive, as described and shown on Exhibit
"A," attached hereto and incorporated for all purposes.
SECTION 2: The City Council finds that the information submitted by the applicant
pursuant to the requirements of the Zoning Ordinance is sufficient to
approve the special use permit in accordance with the Land Use and
Development Regulations, set forth in Exhibit "B," and the Site Plan
Exhibits, set forth in Exhibit "C," both of which are attached hereto and
incorporated for all purposes.
SECTION 3: That the official map of the City of North Richland Hills is amended and
the Managing Director of Development Services is directed to revise the
official zoning map to reflect the approved special use permit, as set forth
above.
SECTION 4: The use of the property described above shall be subject to all applicable
regulations contained in the Building and Land Use Regulations and all
other applicable and pertinent ordinances of the City of North Richland
Hills.
Ordinance No. 3879
ZC24-0114
Page 2 of 4
SECTION 5: This Ordinance shall be cumulative of all provisions of ordinances and of
the Code of Ordinances of the City of North Richland Hills, Texas, as
amended, except when the provisions of this Ordinance are in direct
conflict with the provisions of such ordinances and such code, in which
event the conflicting provisions of such ordinances and such code are
hereby repealed.
SECTION 6: It is hereby declared to be the intention of the City Council that the
sections, paragraphs, sentences, clauses, and phrases of this Ordinance
are severable, and if any section, paragraph, sentence, clause, or phrase
of this Ordinance shall be declared unconstitutional by the valid judgment
or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining sections, paragraphs, sentences,
clauses, and phrases of this Ordinance, since the same would have been
enacted by the City Council without the incorporation in this Ordinance of
any such unconstitutional section, paragraph, sentence, clause or phrase.
SECTION 7: Any person, firm or corporation violating any provision of the Zoning
Ordinance and the zoning map of the City of North Richland Hills as
amended hereby shall be deemed guilty of a misdemeanor and upon final
conviction thereof fined in an amount not to exceed Two Thousand Dollars
($2,000.00). Each day any such violation shall be allowed to continue shall
constitute a separate violation and is punishable hereunder.
SECTION 8: All rights and remedies of the City of North Richland Hills are expressly
saved as to any and all violations of the provisions of any ordinances
governing zoning that have accrued at the time of the effective date of this
Ordinance; and, as to such accrued violations and all pending litigation,
both civil and criminal, whether pending in court or not, under such
ordinances, same shall not be affected by this Ordinance but may be
prosecuted until final disposition by the courts.
SECTION 9: The City Secretary is hereby authorized and directed to cause the
publication of the descriptive caption and penalty clause of this ordinance
as required by law, if applicable.
SECTION 10: This ordinance shall be in full force and effect upon publication as required
by law.
AND IT IS SO ORDAINED.
PASSED AND APPROVED on this 9th day of December, 2024.
Ordinance No. 3879
ZC24-0114
Page 3 of 4
CITY OF NORTH RICHLAND HILLS
-21( 6 Cr
McCarty, Mayor
ATTEST:
z.Alicia Richardson rZ„ r
• �=
City Secretary/Chief Gov�s Rce O•iQefir',-
.,di,;/ • •
APPROVED AS TO FORM AND LEGALITY:
—111_4
Bradley A. A derle, City Attorney
APPROVED AS TO CONTENT:
Clayton mstock
Managing Director of Development Services
Ordinance No. 3879
ZC24-0114
Page 4 of 4
Exhibit A—Property Description—Ordinance No. 3879—Page 1 of 1
Special Use Permit Case ZC24-0114
Tract 4B9,John Condra Survey,Abstract 311
7421 Hightower Drive,North Richland Hills,Texas
BEING all that certain lot, parcel, or tract of land situated in the John Condra Survey, Abstract
Number 311, City of North Richland Hills,Tarrant County,Texas, being all that certain tract of land
described by deed to Richard Wooldridge and Silvia Wooldridge, as recorded under Instrument
Number D203232229, Deed Records, Tarrant County, Texas (DRTCT) and being more particularly
described as follows:
BEGINNING at a' -inch iron rod found for the southeast corner of the herein described tract, being
the southwest corner of a tract of land described by deed to David Hjorth and Bonna Hjorth, as
recorded under Instrument Number D209194858, DRTCT, also being in the north line of Hightower
Drive;
THENCE North 89 degrees 58 minutes 13 seconds West,with the north line of said Hightower Drive,
a distance of 186.35 feet to a' -inch iron rod found for corner,same being in the east line of a tract
of land described by deed to James A. Bellomy and Sheryl Bellomy, as recorded in Volume 6088,
Page 86, DRTCT;
THENCE North 00 degrees 00 minutes 00 seconds East, with the east line of said Bellomy tract, a
distance of 458.58 feet to a' -inch iron rod with yellow cap stamped "Arthur Surveying Company"
set for corner, same being in the south line of Lot 8, Block 2, Northridge Meadows Phase II, an
addition to the City of North Richland Hills, Tarrant County, Texas, according to the plat thereof
recorded in Cabinet A, Slide 9516, Plat Records, Tarrant County, Texas (PRTCT) said point being
South 89 degrees 58 minutes 13 seconds East,a distance of 111.71 feet from a1-inch iron rod with
cap found for the southwest corner of said Lot 8,same being the southwest corner of said Northridge
Meadows Phase II;
THENCE South 89 degrees 58 minutes 13 seconds East, with the south line of said Northridge
Meadows Phase II, passing at a distance of 46.67 feet a 3/8-inch iron rod found for the southeast
corner of said Lot 8, same being the southwest corner of Lot 7, in said Block 2, continuing on said
course for a total distance of 186.35 feet to a1-inch iron rod found for corner, same being the
southeast corner of said Lot 7 and said Northridge Meadows Phase II, also being in the west line of
Lot 10,Block 1,Northridge Meadows Addition,an addition to the City of North Richland Hills,Tarrant
County,Texas,according to the plat thereof recorded in Cabinet A,Slide 8230, PRTCT;
THENCE South 00 degrees 00 minutes 00 seconds West, partially with the west line of said
Northridge Meadows Addition,passing at a distance of 191.39 feet to a' -inch iron rod found for the
southwest corner of Lot 9,in said Block 1,same being the northwest corner of Lot 8,in said Block 1,
continuing on said course for a total distance of 458.58 feet to the POINT OF BEGINNING and
containing 1.962 acres of land, more or less.
Exhibit B—Land Use and Development Regulations—Ordinance No. 3879—Page 1 of 1
Special Use Permit Case ZC24-0114
Tract 4B9,John Condra Survey,Abstract 311
7421 Hightower Drive, North Richland Hills,Texas
This Special Use Permit (SUP) must adhere to all the conditions of the North Richland Hills Code
of Ordinances, as amended, and the base zoning district of RE-1 (Residential Estate). The
following regulations are specific to this Special Use Permit.Where these regulations conflict with
or overlap another ordinance, easement, covenant or deed restriction, the more stringent
restriction will prevail.
A. Permitted use. A special use permit is authorized for one (1) secondary living unit on the
property.
B. Secondary living unit. The secondary living unit (accessory dwelling unit) must comply with
the standards described below.
1. The building containing the accessory dwelling unit must be located as shown on the
site plan attached as Exhibit"C."The building is not required to be attached to the main
house.
2. The accessory dwelling unit must not exceed seven hundred fifty (750) square feet in
living area.
3. A separate electric meter may be installed on the building.
C. Amendments to Approved Special Use Permits. An amendment or revision to the special use
permit must be processed in the same manner as the original approval. The application for
an amendment or revision must include all land described in the original ordinance that
approved the special use permit.
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STATE OF TEXAS
COUNTY OF TARRANT
•
I, LEEANNA RHODES, OFFICE MANAGER
of the COMMERCIAL RECORDER,am over the age CITY OF NORTH
of 18, have knowledge of the facts stated herein, RICHLAND HILLS
ORDINANCE NO.3879
and am otherwise competent to make this AN ORDINANCE OF THE
affidavit. The COMMERCIAL RECORDER, of Fort CITY OF NORTH RICHLAND
HILLS, TEXAS,AMENDING
Worth,Tarrant County,Texas, is a newspaper of THE COMPREHENSIVE PLAN
AND THE COMPREHEN-
general circulation which has been —publish-ea in SIVE"ZONING ORDINANCE '
Tarrant County regularly and continuouslyfor a BY APPROVING A SPECIAL
g y USE PERMIT TO ALLOW A
period of over one year prior to the first day of SECONDARY LIVING UNIT
TO BE LOCATED AT 7421
publication of this notice. The COMMERCIAL HIGHTOWER DRIVE; PRO-
VIDING THAT THIS ORDI-
RECORDER is qualified to publish legal notices NANCE SHALL BE CUMULA-
TIVEaccording to Article 28e, Revised Civil statutes of PROVIDING A SEVERABIL-
Texas. ITY CLAUSE; PROVIDING A
PENALTY FOR VIOLATIONS
. HEREOF;PROVIDING A SAV-
I,solemnly swear that the notice hereto attached INGS CLAUSE; PROVIDING
was published in the COMMERCIAL RECORDER, FOR PUBLIA AND
PROVIDING ANN E EFF FFECTTIVE
on the following dates,to-wit: DATE.
Any person, firm or cor-
poration violating any pro-
December30,2024 vision of the Zoning Ordi-
nance and the zoning map
of the City North Richland
7Ue4
Hills as amended hereby
shall be deemed guilty of a
misdemeanor and upon fi-
nal conviction thereof fined
in an amount not to exceed
Sworn to and subscribed before me this Two Thousand Dollars
($2,000.00). Each day any
such violation shall be al-
30th day of December,A.D. 2024 lowed to continue shall con-
stitute a separate violation
and is punishable hereunder.
PASSED AND APPROVED
on this 9th day of December,
2024.
; CITY OF NORTH
NotaryRIPub 1 ,Tarrant County,Texas By:/s/ND HILLS
`7 By:/s/Jack McCarty
Jack McCarty,Mayor
ATTEST:
/s/Alicia Richardson
=' '4E't+" 7-• .,.> Alicia Richardson
I '1``` ;' FELIPE FACUNDO,JR 7! City Secretary/
?? oChief Governance Officer
_ :. .4.. MY Notary ID#129755305 J APPROVED AS TO FORM
:9j.0 r,t''' Expires March 20,Zl�,c:il !0 AND LEGALITY:
# /s/Bradley A.Anderle
Bradley A.Anclerle,
City Attorney
12-3n